Code of Alabama
Ala. Code § 30-3-131 (2026)
Determination Raises Rebuttable Presumption That Custody with Perpetrator Detrimental to Child.
✓ official Alabama Legislature (ALISON) text, current July 2026
In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic or family violence. Notwithstanding the provisions regarding rebuttable presumption, the judge must also take into account what, if any, impact the domestic violence had on the child.
(Acts 1995, No. 95-629, p. 1332, §2.)
Notes of Decisions
Cited in 46
cases (1 in the last 5 years), 1997–2024 · leading case: J.P. v. D.P., 260 So. 3d 862 (Ala. Civ. App. 2018).
J.P. v. D.P., 260 So. 3d 862 (Ala. Civ. App. 2018). “To the extent § 30-3-131 has any application to the determination of whether the minor child is dependent, the juvenile court allowed the minor child to remain in the custody of the father to finish the school year and to have unsupervised visitation with the father thereafter.”
Lamb v. Lamb, 939 So. 2d 918 (Ala. Civ. App. 2006). “" § 30-3-131, Ala.Code 1975. In a proceeding in which custody is at issue and in which the trial court has made a finding of domestic or family violence, the trial court must consider "[t]he safety and well-being of the child and of the parent who is the victim of family or…”
Drees v. Turner, 45 So. 3d 350 (Ala. Civ. App. 2010). “See Ala.Code 1975, § 30-3-131 (creating rebuttable presumption that it is against the best interests of a child to be placed into custody of perpetrator of domestic violence).”
Enzor v. Enzor, 98 So. 3d 15 (Ala. Civ. App. 2011). “See Ala.Code 1975, § 30-3-131. The silence of the record on that point counsels deference to the trial court’s implicit conclusions in favor of the husband.”
Walker v. Lanier, 180 So. 3d 39 (Ala. Civ. App. 2015). “See § 30-3-131 and Jackson, supra. Thus, it appears that, given the specific facts in the custody-modification case and the evidence in the record, an award of joint physical custody is improper at this time.”
Cleveland v. Cleveland, 18 So. 3d 950 (Ala. Civ. App. 2009). “In addition to § 30-3-152(a)(4), which requires consideration of any history of or potential for child or spousal abuse, Ala. Code 1975, § 30-3-131, provides: “In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that…”
Smith v. Smith, 196 So. 3d 1191 (Ala. Civ. App. 2015). “She claims that the trial court failed to apply §§ 30-3-131 and 30-3-133, Ala.Code 1975, which provide for a rebuttable presumption that it is detrimental to a child and not in the child’s best interest to be placed in the custody of the.”
McCormick v. Ethridge, 15 So. 3d 524 (Ala. Civ. App. 2008). “” § 30-3-131, Ala.Code 1975. The mother contends that because the evidence shows that the father committed acts of domestic or family violence, the trial court erred in failing to transfer physical custody of the child to her and in maintaining custody with the father.”
Kent v. Green, 701 So. 2d 4 (Ala. Civ. App. 1997). “"§ 30-3-131. "In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the best…”
Headrick v. Headrick, 916 So. 2d 610 (Ala. Civ. App. 2005). “Code 1975, provides: "In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption by the court that it is detrimental to the child and not in the…”
R.K.J. v. J.D.J., 887 So. 2d 915 (Ala. Civ. App. 2004). “As the mother points out, Ala.Code 1975, § 30-3-131, provides a rebuttable presumption against placing the custody of a child with a perpetrator of domestic violence.”
A.S. v. G.T., 794 So. 2d 1167 (Ala. Civ. App. 2001). “Code 1975, provides that where a court determines that domestic or family violence has occurred, there is a rebuttable presumption that it is not in the best interests of the child that custody be awarded to the perpetrator of the abuse.”
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